Terms and Conditions of Granting Support and Organizing Collections
§1 GENERAL REMARKS
1. Choose 2 Help Foundation with its seat in Szczecin, hereinafter referred to as the Foundation, operates basing on the Statute set forth and an entry into the National Court Register under the following NCR number: 0000695388.
2. Those Terms and Conditions shall govern the mode of operation of the Foundation, as well as methods and types of support provided by the Foundation within the scope of its statute-based and business operations.
3. Foundation shall be the administrator of personal data provided by the applicant/protégé willing to receive support or request collection organization.
§2 COLLECTION ORGANIZATION
1. Collections realized within the framework of the index of statute-based undertakings shall be organized as statutory activities of the Foundation. The detailed index of such actions shall be made available in the statute of the Foundation published on the following website: choose2help.org
2. Collections oriented towards meeting goals other than the ones specified in the index discussed above shall be organized within the scope of the business operation of the Foundation.
3. Foundation shall reserve the right to choose within the scope of which type of its operation a given collection will be organized.
4. Collections shall be organized after receiving a request from a protégé or a different entity authorized to act on behalf of such protégé. Claims shall be considered within 14 days from their collection. In some unusual cases, said timeframe may be prolonged by additional 7 days.
5. Sending a request shall not be equivalent to the Foundation accepting it.
6. Collections shall be organized for the period of 90 days. In the case of not reaching the set goal, the Foundation shall have the right to prolong it by yet another 90 days.
7. Foundation shall reserve the right to start and manage collection-related undertakings on its own, without receiving a request from a third party, as well as to organize them to support individuals and entities the condition of which requires, in the opinion of Foundation’s representatives, a proper engagement of the Foundation.
§3 COLLECTION GOALS
1. Foundation shall collect funds for goals specified in the application sent by a protégé and shall not provide any financial support for goals other than those specified in an agreement concluded with such party, subject to point. 2 below.
2. It shall be allowed to change the goal of organized collection basing on an accepted claim of a protégé. The Foundation shall reserve the right to make final decision with regard to the change of a particular collection goal.
3. Foundation shall organize collections for all entities the interests and condition of whom justifies collection organization. The Foundation, being an intermediary managing such collections, shall exercise supervision over the proper utilization of funds raised for a protégé.
4. Foundation shall reserve the right to refuse to organize collection relating to a goal presented by a protégé in his or her application if there is a justified suspicion that the funds raised will not be used in the manner specified in said application.
5. Foundation shall reserve the right to verify the legitimacy of organizing collection for a goal specified by a protégé by checking his or her documentation, including medical and financial records.
6. If the Foundation raises funds on behalf of a protégé, but the legitimacy of such collection is undermined, collected funds shall be used to support other protégés of the Foundation or spent on Foundation’s organizational and operational needs.
§4 COLLECTION SETTLEMENT
1. Foundation shall not transfer the collected funds to the bank account of a protégé or his or her supervisor. Collected funds shall be transferred to the bank account of entities offering goods of services the protégé has applied for. Furthermore, collected funds shall not be considered to be protégé’s property.
2. Foundation shall not guarantee providing support amounting to the exact sum specified in the application.
3. Foundation shall cover the costs of collection organization and such costs shall be deducted from the amount to be granted to a protégé.
4. Costs incurred by the Foundation discussed in point 3 above shall include and not be limited to:
- settlements with entities managing online payment platforms;
- marketing costs and other forms of acquiring donators;
- other collection-related costs including office expenses;
- provisions for third parties for advertising and running the campaigns which may reach a provision in the amount between 5% to 35% for payments from abroad;
5. Total income generated by the Foundation, after cost deduction, shall be transferred to protégés and spend on realizing further statutory goals.
6. If there are additional donations after collection conclusion, they shall be used to support a given protégé, other protégés, or to finance the current operational goals of the Foundation. The Foundation shall reserve the right to choose the method of utilizing the excess of donations paid.
7. In the case of receiving any funds or donations aiming at supporting a protégé the goals set for whom have already been realized, the Foundation shall reserve the right to choose the way of distributing such funds/donations.
§5 COLLECTION GOAL REALIZATION
1. After collecting the required sum of money, the Foundation shall realize the goal specified in the accepted application by covering the cost of particular goods or services by undertaking the payment for them to the supplier. The Foundation shall specify the term of transferring the collected amount of money.
2. Foundation shall reserve the right to select the supplier from whom services or goods shall be bought for the protégé, providing that the entity selected by the Foundation provides ordered goods or services in compliance with the guidelines of the protégé.
3. Foodstuffs, domestic detergents, cosmetics, medications, items of clothing, medical supplies, covering costs of treatment or rehabilitation, as well as other products and services purchased by the Foundation to be taken advantage of by a given protégé shall be considered Foundation’s donation.
4. Foundation shall make a purchase / undertake necessary payments within 30 days from the moment of collecting the required funds.
5. Utilitarian devices purchased by the Foundation for a given protégé shall be the property of the Foundation and their use shall be based on toll-free lending, the details of which shall be governed by a separate leasing agreement.
6. Shall the Foundation fail to collect the entire sum allowing for the purchase of the requested equipment and goods or paying for services, a given protégé may specify whether he or she wants to utilize the limited support offered or he or she wants to prolong the collection.
7. In the case of protégé’s death or the occurrence of other circumstances making collection goal realization impossible, the collected funds shall be taken advantage of to support other protégés and/or to finance the current undertakings of the Foundation.
8. Funds donated without the specification of a particular goal or protégé shall be utilized to realize statutory goals and/or to finance the current undertakings of the Foundation.
9. In the case of Foundation receiving a material donation being the goal of a particular collection, funds from such collection shall be utilized to satisfy other needs of the protégé, other protégés, or to cover the current expenses of the Foundation.
§6 DONATIONS IN-KIND
1. All donations in-kind provided to the Foundation shall become its property.
2. The Foundation shall reserve the right to utilize the received material donations in the preferred way with due diligence and while at the same time taking into account the statutory goals the Foundation has been created to fulfill.
3. The Foundation may take advantage of the received donations in-kind by:
- Giving the received item to a protégé for whom it has be donated, providing that he or she agrees for that.
- Giving the item to another protégé if the circumstances require that.
- Selling the item being the donation in-kind and spending the earnings on the statutory goals of the Foundation.
§7 RIGHTS AND LIABILITIES OF THE PARTIES
1. Protégé and/or his or her supervisors shall be obliged to inform the Foundation about any and all changes relating to their place of residence and preferred contact method.
2. Protégé and/or his or her supervisors shall be obliged to inform the Foundation about any and all changes relating to the validity and legitimacy of the collection organized by the Foundation.
3. The Foundation shall have the right to utilize the name and the image of the protégé to attempt to acquire funds on his or her behalf. For a money collection to be started, a person has to provide at least one photo that was taken no later than 6 months ago.
§8 FINAL REMARKS
1. Foundation shall not disclose any personal data of protégés without their prior consent.
2. In the event of discovering that collected funds have been misused, the Foundation shall attempt to claim them back.
3. Foundation shall allow third parties to utilize its logotype and name, providing that they are used for purposes strictly connected with the collection specified in the application of a given protégé and that all requests and statements are issued on behalf of such third party rather than the Foundation.
4. Protégés and/or their supervisors applying for the support of the Foundation shall claim that they have familiarized themselves with those Terms and Conditions.
5. Donator supporting the Foundation shall claim that he or she accepts those Terms and Condition.
Those Terms and Conditions entered into force on 14.02.2019
Founder – CEO